Owner Of Satellite Antenna Sues Delray Beach

DELRAY BEACH -- Stu Scott pointed to the myriad of antennas atop his downtown television store and snickered to himself.

``Look at my roof,`` he said. ``I have three television antennas up there and only that one is the problem. That giant antenna there is no problem. But that one is.``

`That one` is a 10-foot wide satellite dish perched on the corner of Scott`s building at 201 East Atlantic Ave. `That one` has been the source of controversy for more than two years. And Scott said he`s willing to risk everything he has in order to keep that one antenna.

``I just want to be left alone,`` said Scott, who sued the city in February 1985 in an effort to keep his satellite dish. ``I`m sure if this goes to court, the court will rule in my favor.``

Earlier this month, Scott`s attorneys filed another suit in Palm Beach Circuit court against the city and its chief building official, Jim Johnson, asking the court to allow Scott to keep his dish and requesting the city`s new satellite dish ordinance be declared unconstitutional.

The suit says Scott`s attempts to secure a building permit had been rejected, although he has done everything required by city code. The suit asks the court to require Johnson to issue Scott the necessary permits.

It also says the city`s new ordinance is contrary to federal regulations regulating dishes and is therefore unconstitutional.

``I`m willing to spend everything I have on this,`` Scott said. ``It`s become a matter of principle. The city is interfering with the operation of my business. Now they are taking a position that is clearly contrary to federal law.``

It all began in March 1984 when Scott installed the dish on the roof of his building. Scott sells satellite dishes, which receive more than 100 television signals from around the world via a satellite 23,000 miles in space. The dishes run from $1,500 to $4,000.

But Scott erected the dish without a permit. The city at first told him he didn`t need one, Scott said. But he later was cited for erecting a structure without a building permit.

Since then, Scott has appeared before the Community Appearance Board and the Downtown Development Authority. The DDA said it didn`t want the dish downtown because it is an eyesore. The CAB did not make a formal ruling in the case.

The key word, Scott and city officials say, is ``structure.`` Scott said the dish is an antenna, just like the others on his rooftop. Johnson said the dish classifies as a structure according to city code. And before any structure is erected, a permit must be issued.

Johnson said Scott could have gotten his permit if he had submitted adequate drawings showing the dish`s structural integrity. Officials are concerned the dish will blow off the roof in a severe storm.

``If he had done that, he could have kept the dish right where it is,`` Johnson said. ``But he chose to make a lawsuit out of it.``

Now Johnson said Scott must comply with the city`s satellite dish ordinance passed in March. It requires the dishes to be screened and installed in back of the owner`s property.

``That want me to put shrubs around it,`` Scott joked.

Johnson also said the city reviewed all Federal Communications Commission requirements before drafting the ordinance.

But the suit claims that the city can`t treat satellite dishes any differently that television antennas.

It cites a FCC ruling saying that dishes should be treated as antennas and can only be seperated when the public`s safety is at stake.

``It`s just a television antenna,`` Scott said. ``People call it a dish and stuff, but it receives television signals.